Source: Salvis Juribus

Salvis Juribus presents a theoretical analysis on December 16, 2025, concerning the application of criminal law to cases of homicide or serious injury caused by artificial intelligence systems. The article explores the intricate legal problems arising when autonomous systems, such as self-driving cars or robotic surgical assistants, cause the death of a human being. It addresses the difficulty of establishing the subjective element of the crime (mens rea) when the actor is a machine, and the subsequent challenge of tracing criminal liability back to a human subject, whether it be the programmer, the manufacturer, or the end-user.

The author examines the limitations of current Italian penal statutes, which are predicated on human conduct and intent. The discussion delves into concepts of negligence (colpa) and strict liability, questioning whether developers can be held criminally responsible for unforeseeable algorithmic behaviors ("black swan" events). The article concludes by debating the potential need for new legal categories or a specific "electronic personality" to address these accountability gaps, ensuring that victims of AI-induced harm are not left without justice due to doctrinal obsolescence.